Q: My wife and I separated over a year ago and I hired a non contestant attorney to handle my divorce.
She won't sign. She requested a 30 day extension and it's been 60. I haven't heard anything. What should I do? The attorney can't do anything else since she's contesting. I think she want half of my 401k. We have no children or any property to divide.
A: None of what you are saying makes any sense what so ever. You say she won't sign - I can only think you mean sign for service of process because that's the only thing she'd need to sign for. She is not required to sign any paperwork in order for you to divorce her. You then say she requested a 30 day extension of time - well, she wouldn't be doing that unless she was served - which you are saying she won't sign for. If she was served, the only thing to contest would be the separation date or residency status and she would do that in an Answer not a request for an extension of time. If you mean she has filed an Answer asking for other things like half your 401K - that's a counter claim not 'contesting' the divorce. And even if she is counterclaiming - just sever the divorce for her claims and proceed with the divorce leaving the other stuff to be resolved later. As to what you should do - perhaps consider picking up a phone and call your attorney and have them complete the divorce portion of things which is what you hired them for. If they say they can't only two things are possible: 1) you have your story all sorts of mixed up or 2) you attorney is mistaken or lying to you. Of those two options I am banking on #1.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
